Canyon County v. Toole

Citations

• 9 Idaho 561
• 75 P. 609
• 1904 Ida. LEXIS 80

Syllabus

<p>Highways — Proceedings to Condemn Land for — Petition—Nonconsenting Land Owners — Appearance—Board of County Commissioners — -Appeal from Order of Board — Proceedings in Court to Procure Bight of Way.</p> <p>1. Under the provisions of sections 920 and 921, Bevised Statutes, a petition for establishing a public road must contain substantially all of the facts required to be stated therein by the provisions of said section, in order to give the board of county commissioners jurisdiction.</p> <p>2. If the nonconsenting land owners appear at the hearing of such petition and introduce evidence against the granting of the same, and the decision of the board is against them, and they fail to appeal from the order of the board, they cannot collaterally attack such decision in a suit brought under the provisions of section 930, Bevised Statutes, on the ground that the petition failed to state all of the facts required by sections 920 and 921.</p> <p>3. When the nonconsenting land owner fails to appear at the hearing of the petition, the board has no jurisdiction to hear the same unless it contains .substantially the statement of facts required by said sections 920 and 921.</p> <p>(Syllabus by the court.)</p>